Offences affecting
the public tranquility, public health,
safety, convenience, decency
and morals |
| 267A. Where 2 or more persons disturb the public peace by fighting in a public place, they are said to “commit an affray”. |
| Punishment for committing affray |
| 267B. Whoever commits an affray shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both. |
| Uttering words, making document, etc., containing incitement to violence, etc. |
267C.—(1) This section applies where a person —| (a) | utters any words, or makes any sign or visible representation; | | (b) | places before a person any object; | | (c) | posts, publishes, distributes, sells or offers for sale any document; or | | (d) | communicates any electronic record, |
| containing any incitement to violence, counselling disobedience to the law or to a lawful order of a public servant, or likely to lead to any breach of the peace, and the person does so — |
| (e) | intending for violence, disobedience to the law or such lawful order, or breach of the peace to occur; or | | (f) | knowing or having reason to believe that violence, disobedience to the law or such lawful order, or breach of the peace, is likely to occur as a result. |
(2) This section also applies where a person —| (a) | makes, prints or otherwise reproduces, imports, possesses or has under the person’s control any document mentioned in subsection (1), for the purpose of posting, publishing, distributing, selling or offering for sale that document; or | | (b) | makes any electronic record mentioned in subsection (1) for the purpose of communicating that electronic record, |
| (c) | intending for violence, disobedience to the law or such lawful order, or breach of the peace to occur by the carrying out of the purpose mentioned in paragraph (a) or (b), as the case may be; or | | (d) | knowing or having reason to believe that violence, disobedience to the law or such lawful order, or breach of the peace, is likely to occur by the carrying out of that purpose. |
|
| (3) The person in subsection (1) or (2) shall be guilty of an offence and shall be punished on conviction with imprisonment for a term which may extend to 5 years, or with fine, or with both. |
| (4) In subsection (1), “counselling disobedience to the law or to a lawful order of a public servant” includes (but is not limited to) providing instruction, advice or information that promotes disobedience to the law or such order. [Act 30 of 2021 wef 02/11/2022] |
|
268. A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission, which causes any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.| Explanation.— A common nuisance is not excused on the ground that it causes some convenience or advantage. |
|
|
|
| Communicating false information of harmful thing |
268A. Any person who transmits or communicates or causes to be transmitted or communicated information —| (a) | which contains a reference to the presence in any place or location or in any conveyance or means of transportation of any thing that is likely to cause hurt or damage to property by any means; and | | (b) | that person knows that such reference is false or fabricated, |
| shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $50,000, or with both. |
[15/2019] |
| Placing or sending thing with intent to cause fear of harm |
268B.—(1) Any person (A) who without reasonable excuse —| (a) | places any thing in any place or location or in any conveyance or means of transportation; or | | (b) | sends any thing from one place to another place by post, courier or any other means, |
| with the intention (in either case) of inducing in one or more other persons a belief that this thing is likely to cause hurt or damage to property by any means, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 7 years, or with fine which may extend to $50,000, or with both. |
[15/2019] | (2) For the purposes of subsection (1) and to avoid doubt, it is not necessary for A to have any particular person or persons in mind as being induced to have the belief mentioned in subsection (1). [15/2019] |
|
| Placing or sending thing causing fear of harm |
268C.—(1) Any person who intentionally and without reasonable excuse —| (a) | places any thing in any place or location or in any conveyance or means of transportation; or | | (b) | sends any thing from one place to another place by post, courier or any other means, |
| knowing that there is a real risk (in either case) that one or more persons would believe that this thing is likely to cause hurt or damage to property by any means, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $5,000, or with both. |
[15/2019] | (2) To avoid doubt, it is not necessary for the accused person to have any particular person or persons in mind as being at risk of having the belief mentioned in subsection (1). [15/2019] |
|
| Negligent act likely to spread infection of any disease dangerous to life |
| 269. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. |
| Intentional or rash act likely to spread infection of any disease dangerous to life |
| 270. Whoever intentionally or rashly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term which may extend to 4 years, or with fine, or with both. [Act 23 of 2021 wef 01/03/2022] |
| Disobedience to a quarantine rule |
| 271. Whoever knowingly disobeys any rule lawfully made and promulgated for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. |
| Adulteration of food or drink which is intended for sale |
| 272. Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| Sale of noxious food or drink |
| 273. Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| 274. Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy, or change the operation, of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| Sale of adulterated drugs |
| 275. Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| Sale of any drug as a different drug or preparation |
| 276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| Fouling the water of a public spring or reservoir |
| 277. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| Making atmosphere noxious to health |
| 278. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both. [15/2019] |
| Rash driving or riding on a public way |
| 279. Whoever drives any vehicle, or rides, on any public way, in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both. |
| Rash navigation of a vessel |
| 280. Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both. |
| Exhibition of a false light, mark or buoy |
| 281. Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. |
| Conveying person by water for hire in a vessel overloaded or unsafe |
| 282. Whoever knowingly or negligently conveys, or causes to be conveyed, for hire any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $3,000, or with both. |
| Danger or obstruction in a public way or navigation |
| 283. Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to $1,000. |
| Rash or negligent conduct with respect to dangerous or harmful substance |
284.—(1) A person shall be guilty of an offence who does, with any dangerous or harmful substance, any act so rashly or negligently as —| (a) | to be likely to cause hurt or injury to any other person; | | (b) | to endanger human life; | | (c) | to cause hurt to any other person; | | (d) | to cause grievous hurt or injury to any other person; or | | (e) | to cause the death of any other person. [15/2019] |
| (2) In subsection (1), an act includes an omission to take such measure with any dangerous or harmful substance in a person’s possession as is sufficient to guard against any probable danger to human life, grievous hurt or hurt from such substance. [15/2019] |
(3) Any person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished —| (a) | in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; | | (b) | in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 3 years, or with fine, or with both; | | (c) | in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and | | (d) | in the case of an offence under subsection (1)(e), with imprisonment for a term which may extend to 7 years, or with fine, or with both. [15/2019] |
|
| (4) In this section, “dangerous or harmful substance” includes fire or any thing or matter that is likely to cause fire. [15/2019] |
|
| Causing or contributing to risk of dangerous fire |
285.—(1) Whoever, with any fire or any thing that is likely to cause fire, rashly or negligently causes or substantially contributes to the risk of causing a fire, shall be guilty of an offence if such fire occurs and any of the following applies:| (a) | that fire is likely to cause hurt or injury to any other person; | | (b) | that fire endangers human life; | | (c) | that fire causes damage to or diminishes the value or utility of any property belonging to any other person or the Government; | | (d) | that fire causes hurt or injury to any other person; | | (e) | that fire causes grievous hurt to any other person; | | (f) | that fire causes death to any other person. [15/2019] |
(2) Any person who is guilty of an offence under subsection (1) shall on conviction be punished —| (a) | in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; | | (b) | in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 18 months, or with fine, or with both; | | (c) | in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 3 years, or with fine, or with both; | | (d) | in the case of an offence under subsection (1)(e), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and | | (e) | in the case of an offence under subsection (1)(f), with imprisonment for a term which may extend to 7 years, or with fine, or with both. [15/2019] |
|
|
| Presumption of cause of fire |
| 286. In any proceedings for an offence under section 285, where any person deposits, drops, places or throws a cigarette or part thereof, cigar, match stick, charcoal, incense, any form of embers or any thing that is likely to cause fire in any place, and a fire occurs at that place or in the vicinity of that place within 60 minutes from the time of that act, that person is, until the contrary is proved, presumed to have substantially contributed to the risk of causing that fire. [15/2019] |
| Rash or negligent conduct with respect to any machinery in possession or under charge of offender |
287.—(1) A person shall be guilty of an offence who does, with any machinery in the person’s possession or under the person’s care, any act so rashly or negligently as —| (a) | to be likely to cause hurt or injury to any other person; | | (b) | to endanger human life; | | (c) | to cause hurt or injury to any other person; | | (d) | to cause grievous hurt to any other person; or | | (e) | to cause the death of any other person. [15/2019] |
| (2) In subsection (1), an act includes an omission to take such measure with any machinery in the person’s possession or under the person’s care as is sufficient to guard against any probable danger to human life, grievous hurt or hurt from such machinery. [15/2019] |
(3) Any person who is guilty of an offence under subsection (1) shall on conviction be punished —| (a) | in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; | | (b) | in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 3 years, or with fine, or with both; | | (c) | in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and | | (d) | in the case of an offence under subsection (1)(e), with imprisonment for a term which may extend to 7 years, or with fine, or with both. [15/2019] |
|
|
| Negligence in pulling down or repairing buildings |
288.—(1) A person shall be guilty of an offence who, in pulling down or repairing any building, knowingly or negligently omits to take such measure as is sufficient to guard against any probable danger to human life from the fall of that building or any part of the building and such omission —| (a) | endangers human life; or | | (b) | causes the death of any other person. [15/2019] |
(2) Any person who is guilty of an offence under subsection (1) shall on conviction be punished —| (a) | in the case of an offence under subsection (1)(a), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; and | | (b) | in the case of an offence under subsection (1)(b), with imprisonment for a term which may extend to 7 years, or with fine, or with both. [15/2019] |
|
|
| Negligence with respect to any animal |
289.—(1) A person shall be guilty of an offence who knowingly or negligently omits to take such measure with any animal as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal and such omission —| (a) | is likely to cause grievous hurt; | | (b) | endangers human life; | | (c) | causes grievous hurt to any other person; or | | (d) | causes the death of any other person. [15/2019] |
(2) Any person who is guilty of an offence under subsection (1) shall on conviction be punished —| (a) | in the case of an offence under subsection (1)(a) or (b), with imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both; | | (b) | in the case of an offence under subsection (1)(c), with imprisonment for a term which may extend to 6 years, or with fine, or with both; and | | (c) | in the case of an offence under subsection (1)(d), with imprisonment for a term which may extend to 7 years, or with fine, or with both. [15/2019] |
|
|
| Punishment for public nuisance |
290. Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be guilty of an offence and shall be punished —| (a) | with fine which may extend to $2,000; | | (b) | in the case where the offender knew that the act or omission constituting the public nuisance will cause or will probably cause any common injury, danger or annoyance to the public, or to the people in general who dwell or occupy property in the vicinity, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,000, or with both; or | | (c) | on a second or subsequent conviction, with imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,000, or with both. [15/2019] |
|
| Continuance of nuisance after injunction to discontinue |
| 291. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with imprisonment for a term which may extend to 6 months, or with fine, or with both. |
| Sale of obscene books, etc. |
292.—(1) Whoever —| (a) | sells, lets to hire, distributes, transmits by electronic means, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, transmission, public exhibition or circulation, makes, produces, or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure, or any other obscene object whatsoever; | | (b) | imports, exports, transmits by electronic means or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited, or in any manner put into circulation; | | (c) | takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, transmitted by electronic means, purchased, kept, imported, exported, conveyed, publicly exhibited, or in any manner put into circulation; | | (d) | advertises, or makes known by any means whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or | | (e) | offers or attempts to do any act which is an offence under this section, |
| shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both. |
| (1A) A person who is guilty of an offence under subsection (1) in the case where the obscene object mentioned in that subsection depicts an image of a person who is or who appears to a reasonable observer to be or is implied to be below 16 years of age shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] |
| (2) For the purposes of this section, “object” includes data stored in a computer disc, or by other electronic means, that is capable of conversion to images, writing or any other form of representation. |
(3) For the purposes of this section and section 293, an object shall be deemed not to be obscene if the sale, letting to hire, distribution, exhibition, circulation, import, export or conveyance of, or any other dealing in, the object is authorised by or under any written law.| Exception.— This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes, or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. |
|
|
|
|
| Possession, distribution, etc., of child sex-doll |
| 292A.—(1) Any person who imports, exports, conveys, sells, lets to hire, distributes, puts into circulation, makes, produces or is in possession of a child sex-doll shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. [15/2019] | (2) In subsection (1), “child sex-doll” means an anatomically correct doll, mannequin or robot, with the features of, or with features that appear to a reasonable observer to resemble a person below 16 years of age and intended for use in sexual activities. [15/2019] |
|
| Sale, etc., of obscene objects to young person |
| 293. Whoever sells, lets to hire, distributes, exhibits or circulates to any person below 21 years of age any such obscene object as is referred to in section 292, or offers or attempts to do so, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. |
294. Whoever, to the annoyance of others —| (a) | does any obscene act in any public place; or | | (b) | sings, recites or utters any obscene words in or near any public place, |
| shall be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both. |
[15/2019] |
|
